The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-07-24
CHAPTER CLxXII.

sewers and drains, and to provide tor the
payment of the cost thereof. approved
March eighth, one thousand eight hun
bred and eighty-two.
1. Be it enacted by the Senate and
General Assembly of the State of New Jer-
sey, That the first subdivision of the second
section of the act to which this is a supple
ment be and the same is hereby amended
to read as follows;
That whenever a petition in writing of
any owners of property interested shall be
presented to the board of aldermen of any
city in this state asking for the construc-
ton of sewer or drain in any particular
section of said city, it shall be lawful for
such board to adopt resolution declaring
its intention to cause such Sc wer or drain
to be constructed, and If it shall be neces-
try, in the opinion of the board of alder
men, TO constr let such sewer or drain
upon on across any private lands, then it
shall also he lawful for said board to in
clude in said resolution brief description
of the proposed location upon private lands
of such sewer or draio; and the said board
shall forthwith cause public notice of such
int ention TO be given by the city clerk, or
other designated officer, in two or more
newspapers print I'd or circulating in snch
city. for the space OF ten days, briefly de-
scribing the proposed work, and requesting
sucn persons as may object thereto to pre-
sent their objections, in writing, on or be-
fore the expiration of ten DAYS from the
date Of such notice, to the officer signing
the same; and if prisons owning or repre-
senting more than one-half Of the lineal
frontage of land along the street or streets,
or part or parts thereof, through which it
is proposed to construct any lateral sewer
or drain, and OF the private lands upon or
across which 1t is proposed to construct
the same, shall so present their objections
in writing, then such proceedings shall
cease; but otherwise, ana after the expsra-
ton of s. id ten days, 1t shall be lawful for
such board to adopt an ordinance for the
construction of such sewer or drain, to
award contracts for the same, or for any
part or section thereof, and to take all
necessary steps for properly carrying into
effect the desired improvement. 8
2. And be it enacted, That whenever any
board of aldermen shall have adopted an
ordinance for the construction of any
sewer OIL drain. upon or across any private
lands as aforesaid, it shall be lawful for
said board to acquire said lands in tho
corporate name Of the city, in fee simple,
or to acquire any estate less than fee
simple therein, according as the said board
shall deem the interests of the city shall
require; the said board are hereby author
lied to treat with the owner or owners of
such lands for an estate in fee simple, or
for any less estate tn erein, and to make
such compensation therefor as they shall
deem reasonable, and thereupon shall re-
ceiye from such owner or owners convey
ance Of sucn lands or estate therein to tho
city.
3. And be it enacted, That in case no
agreement can be made with the owner or
owners f such lands as aforesaid as to
the amount Of compensation to be paid for
such lands or for such estate therein as
aforesaid, by reason of the unwillingness
OF said owners, or any OF them, to accept
such compensation as said board may
deem reasonable. or by reason of the alb.
sence from this state or legal incapacity of
said owners, or any of them, or by reesoa
of any owner being unknown, it shall be
the duty of the circuit court of the county
in which ~ city wherein it is proposed to
construct su5a sewer or drain is situate,
upon application to said court by sad
board, after ten days previous notice in
writing Of such application to the persons
interested, if known and in this state,
served in person or by leaving at the dwell
ling house or usual place of abode of such
owner or owners or, if unknown or absent
from this state, or under age or other legal
disability, after publication thereof for any
term not less than ten days in newspaper
published in such city, which notice shall
set forth in general terms description of
the lands required or in which such estate
as aforesaid is required, to appoint three
disinterested appraisers from the county
wherein such city is situate to determine
the compensation to be paid for such lands
49, k,o i 5 l,,lf ~
the duty of said appraisers to meet at such
time and place as the court by its order
shall appoint, and after having taken an
oath or affirmation faithfully and impair
TALLY to discharge the duties herein repos-
ed in them, and after having carefully
viewed the premises and given a hearing to
all intere ted parties who shall appear be-
fore them and desire to be heard, within
ten days after such meeting, to deliver to
Abe city clerk written appraisement, un-
der the hands and seals Of them, or ma
ioritv of them, OF the award they have
made, containing full description of the
lands in which such estate 10 fee sim, lie or
such less estate as aforesaid shall be re-
quired; the city clerk shall deliver the said
appraisement to said board Of aldermen at
its next meeting after the same shall be
delivered to him, and the said board shall
thereupon cause the same to be recorded
in the offise of the registry of deeds for the
county, and may thereupon order the city
treasurer, or other proper officer, to make
or tender payment of the sums awarded in
such appraisement TO the respective own
ers of lands therein mentioned, and after
such payment or tender of payment the
said board, their agents and workmen. shall
have power to enter upon and take posses
sion of said lands for the purposes atore-
said; aud in case any owner or owners of
lands shsN refuse to accept such payment
upon tender r.sde, or be under age or
other legal disability, or be unknown or
absent from the state, then aud 10 such
case il shall be sufficient for said city treas
urer or other officer TO pay the amoant of